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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  Since 1983
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Hello, My husband and I are wanting to sell chicken and lamb

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Hello,
My husband and I are wanting to sell chicken and lamb meat from our home and local farmers market. We live in Kansas and are wondering how we can legally go about doing that. Our chickens will not be butchered at a USDA regulated site but our lamb will be. We were wondering if we could sell live chickens and offer butchering services for free if we can't sell the chicken meat.
Hello and thank you for your question.What can I answer?
Customer: replied 7 years ago.
We were wondering if we can legally sell our chickens and offer a non-regulated USDA butchering service for free. Also with our lamb meat if we can legally sell it from our home or farmers market after it has been processed by a USDA plant.
Thank you!
I am going to send this to a colleague for response.
Is your property zoned agricultural?
Customer: replied 7 years ago.
Yes it is.
http://www.ksda.gov/meat_poultry/faq/id/199
states
Can I sell my farm-raised poultry/rabbits that I have slaughtered?
Yes, provided they are slaughtered and processed in an inspected (Kansas or USDA) facility and sold with the marks of inspection and required labeling applied. There is an exemption of 1,000 poultry units per calendar year (poultry units are computed by using 4 units for each goose or turkey and one unit for each chicken or other bird). The rabbit exemption is 250 rabbits per calendar year. If producers are operating under the exemption, they can sell only from their home to the end consumer and cannot sell to a retail store.

Based on the above, it looks like you can slaughter and sell 1000 chickens per year from your farm without having them processed at a UDSA inspected processing facility.

You said that the lambs would be processed at a USDA regulated plant, so there is no problem with you selling the lamb you raised.

The meat and poultry inspection act is posted at
http://www.ksda.gov/includes/statute_regulations/meat_poultry/MEAT_and_POULTRY.pdf

The Kansas Egg Law is posted at
http://www.ksda.gov/includes/statute_regulations/food_safety/EGGLAW_full_page.pdf
but it is easier to read the summary posted at
http://www.kansassustainableag.org/Documents/egg_fact_sheet.pdf
stating:
What must I do to sell “ungraded” eggs?
If you choose to sell “ungraded” eggs, you do not need to obtain a license or buy egg inspection fee stamps. If you have 50 hens or less then you are not subject to the requirements of the Kansas egg law. If you have 51 hens but less than 250 you may sell “ungraded” eggs as long as the following requirements are met:
• Eggs are washed and clean
• Eggs are prepackaged and labeled as ungraded with the name and address of the producer
• Cartons are not reused unless all brand markings and other identification is obliterated and the carton is free of foreign material
• Sales are to consumers only
• Eggs are maintained at a temperature of 45 degrees Fahrenheit or below.
Please note the following:
?? If you package ungraded eggs in a used egg container and have not obliterated the markings then you may be representing that your eggs are in fact graded. Representing that your eggs are graded may subject you to the requirements of the Kansas egg law including licensing and civil penalty provisions.
?? The Kansas Food Code contains requirements pertaining to eggs. Regardless of the size of your flock, eggs must be maintained at a temperature of 45°F or below.
?? The Kansas food, drug and cosmetic act gives KDA jurisdiction over food sold at retail and in some instances over food service. KDA will investigate any complaints that food is not safe or not in compliance with Kansas law.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9339
Experience: Since 1983
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